Interrogatories in respect of income of husband should be allowed even though husband has not filed written statement
It is also a settled legal position that as a general rule, interrogatories are to be allowed, whenever the answer to them will serve either to maintain the case of the party administering them or to destroy the case of the adversary. The power to serve interrogatories is not meant to be confined within narrow technical limits. It should be used liberally, whenever it can shorten litigation and serve the interest of justice.
14. In the present case at hand, since the defendant has not filed any Written Statement, the question of destroying defendant's case does not arise. However, the plaintiff has to prove her case and has to obtain admissions from the defendant to facilitate the proof of her own case.
I am in agreement with the submissions made by Mr. Grover, appearing for the plaintiff. The inspection of documents sought for by the plaintiff and the interrogatories delivered by the plaintiff to the defendant are absolutely relevant for deciding the question of quantum of maintenance prayed for by the plaintiff for herself and for her minor child. This in fact is the precise issue in the suit, and therefore, the plaintiff's Chamber Summons has to be allowed.
Bombay High Court
Sonia Senroy Of Mumbai vs Amit Senroy Of Mumbai on 22 April, 1998
Equivalent citations: AIR 1998 Bom 302, 1998 (3) BomCR 829, I (1999) DMC 233
DR. Pratibha Upasani, J.https://www.lawweb.in/2013/11/interrogatories-in-respect-of-income-of.html
